Court : Guwahati
..... hence, according to him the impugned order passed by the munsiff and affirmed by the first appellate court was nothing but refusal to exercise jurisdiction vested on them and, therefore, the impugned orders dated 5-3-1990 and 18-5-1989 are liable to be set aside and quashed. ..... however, this power does not vest the high court with unlimited prerogative to correct all species of hardship or wrong decisions. .....
Tag this Judgment!Court : Guwahati
..... material ext-2, the shirt of deceased si pariat, marked by the forensic science laboratory as ext- s 115(4), material ext- s 115(5) is the vest of deceased ug diengdoh, ext-s 115(6) is the blood sample collected from the place of occurrence, ext- s 115(7) is the sample of blood collected from the clothes of the deceased. .....
Tag this Judgment!Court : Guwahati
..... of the situation boils down to the question whether the plot of land measuring 2 bighas is a part and parcel of the 9 bighas and odd land which was vested with the erstwhile shillong motor limited and, thereafter with the assam state transport corporation on its establishment and incorporation w.e.f. ..... deka, learned senior counsel appearing for the corporation argued at length to show that the land was vested with the corporation long back and the powers to lease, sell or otherwise transfer any property held by the assam state transport corporation are exclusively within the domain of the corporation, in view of the ..... out that as per provisions of the assam land and revenue regulations, 1886, a plot of land allotted with or vested with any authority cannot be divested except without taking recourse to the procedure for resumption. ..... in the transport department clearly indicates that all the properties and assets of the erstwhile state transport undertaking of the government of assam vested with the corporation with effect from 31st march, 1970. ..... a question crops up whether the land stood vested in the corporation and, if so, whether the state government had the authority to take a decision to divest a part of the land of its own without reference to the corporation which is governed by the road transport corporation act ..... (old) and 555 (new)/32 13 (old) of sahar guwahati part v under ulubari mouza which was transferred and vested in the name of assam state transport corporation.4. .....
Tag this Judgment!Court : Guwahati
..... whereas, the petitioner declares that the land had been acquired by the state for its requirements and thus it has vested in it and, therefore, it is the best judge to decide the manner of utilization thereof, the respondent state though, has admitted the use of the same by the railways, denied and acquisition thereof by it for them ..... (supra) and nanak chand sharma (supra), are distinguishable and, therefore, the proposition therein that any property vested absolutely in the central government free from all encumbrances, cannot be acquired by it under the land acquisition act, 1894, is of no relevance.17 ..... if the railways have been in occupation of the land since 1917, the same having vested in the assam bengal railways in 1917, its claim of possession following the acquisition thereof, by the state of assam is incongruent and does not fall in place.9 ..... on the publication of the said notice, the land would vest absolutely in the state government free from all encumbrances and the requisition thereupon would end ..... sahewalla, has persuasively urged that the land being vested in the central government and/or the railways, the notifications under section 3(1) of the assam act, are misconceived, the statute being not applicable to government lands ..... choudhury, argued that the land being vested in the state government, as is evidenced by the revenue records, the notifications having regard to the public purpose referred to therein, were not only competent, but also manifestly in public .....
Tag this Judgment!Court : Guwahati
..... though a person, whose name finds place in a select list, has no vested right to be appointed to the post to which he has been selected, the appointing authority cannot ignore the select panel or decline to make appointment on its whims and fancies. ..... it is no doubt correct that a person on the select panel has no vested right to be appointed to the post for which he has been selected. ..... rules vest power in the commission to hold the competitive examination and to select suitable candidates on the criteria fixed by it. .....
Tag this Judgment!Court : Guwahati
..... where there may be two or more competent courts which can entertain a suit consequent upon a part of the cause of action having arisen therewithin, if the parties to the contract agreed to vest jurisdiction in one such court to try the dispute which might arise as between themselves the agreement would be valid. .....
Tag this Judgment!Court : Guwahati
..... however, this power does not vest the high court with unlimited prerogative to correct all species of hardship or wrong decisions. .....
Tag this Judgment!Court : Guwahati
..... none of the provisions of the act has contemplated any power to be vested in the state officers to recompute the agricultural income from tea while the proviso to rule 5 of the rules in specific terms empowers the state officers to recompute the agricultural income from tea different from that ..... ' by act 36 of 1986, the kerala private forests (vesting and assignment) act, 1971, was amended. ..... the tribunal held in favour of the applicants that the land did not vest in the state government. ..... in the factual scenario a family consisting of 71 members raised a dispute before the forest tribunal, kozhikode, that the land to the tune of 1,020 acres did not vest in the state government. .....
Tag this Judgment!Court : Guwahati
..... doubt that deceased apiop peyang received bullet injuries on the head and that he died as a result of these injuries.the links connecting the accused with person who fired at apiop peyang namely the red vest on the assailant and the bleeding injuries on his head, have been established by the prosecution beyond reasonable doubt. ..... he further deposes that the appellant had a dao and a rifle with him and was wearing a red vest and a khaki half-pant, and was moving to and fro holding the dao and uttering 'katib-katib' (i shall cut, i shall ..... the appellant himself admits in his examination under section 342, criminal procedure code, that he was wearing a red vest at the time of the incident and that when he received injuries on his head when he fired;(iv) p. ws ..... , the appellant, in his examination under section 342 of the code of criminal procedure, admitted that he was wearing a red vest at the time of firing, and that he had cut injuries on his head.p.w. ..... 9 further prove that the appellant was the only jawan who was wearing red vest at the time of firing and other ssb personnel were in uniform. p.w. ..... that only two ssb personnel were injured and that only the appellant was wearing a khaki half-pant and a red vest and the other was in ssb uniform. ..... man who fired was wearing a red vest and was bleeding from his head.8 ..... not recognise the injured person at that time, nor could he recognise the jawan but he noticed the jawan wearing a half-pant and a vest of reddish colour but without headgear. .....
Tag this Judgment!Court : Guwahati
..... '559, para 775) says that 'the soil of the seashore and the bed of estuaries and arms of the sea and of tidal rivers, so far as the tide ebbs and flows, is prima facie vested of common right in the crown, unless it has been passed to a subject by grant of possessory tide. ..... secondly and that bears on equity, prior to the point of time when the flood waters of the river carried the sand and gravel to private lands, the title thereto was vested in the state government. ..... the apex court held that the state is the owner of all the mines and minerals within its territory and the minerals vest with the state. .....
Tag this Judgment!